SENTHIL JAGADEESAN Vs. VIBHA DATTA MAKHIJA

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment and order dated 15.12.2006 passed by the High Court of Judicature at Jabalpur in Criminal Appeals No.518 and 890 of 1997.

(2.) FACTS as explained by the prosecution have been that :

(3.) PER contra, Ms. Vibha Dutta Makjija, learned counsel appearing for the State, has vehemently opposed the appeal contending that there is no rule of law prohibiting reliance upon the evidence of the close relatives of the victims, however, such evidence has to be carefully scrutinised. The medical evidence may not be conclusive regarding the time of death as the physical condition of a body after death depends upon various factors i.e. age, geographical and climatic conditions of the place of occurrence etc. The facts and circumstances of the case do not warrant interference with the concurrent findings of the facts recorded by the Courts below. The appeal lacks merit and is liable to be dismissed.